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Patna High Court

Dhirendra KumarversusThe State of Bihar through the Director General of Police, Bihar, Patna namely S.K. Singhal

Decided
Disposal
DISPOSED

Holding

The court held that no contempt of court was made out and dismissed the contempt petition.

Summary

The petitioner, Dhirendra Kumar, filed a contempt petition alleging that the police officials deliberately neglected and disobeyed a High Court order dated 30 June 2021 which had set aside a dismissal order and required the matter to be remitted for fresh consideration with a second show‑cause notice. The petitioner sought initiation of contempt proceedings against the respondents for failing to comply with that directive. The court examined the show‑cause notice issued by the Superintendent of Police, Munger, which indicated compliance with the earlier order by directing departmental proceedings in accordance with law. The court found that the respondents had acted within the scope of the order and that no contempt had occurred. Consequently, the contempt petition was dismissed and the matter was disposed of without any further proceedings.

Issues considered

  • Whether the respondents’ actions constitute contempt of the High Court’s order dated 30 June 2021
  • Whether the petitioner is entitled to initiation of contempt proceedings for alleged non‑compliance

Subjects

  • contempt of court
  • high court order
  • departmental proceedings
  • police officials
  • writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Miscellaneous Jurisdiction Case No.2047 of 2021
                                                    In
                              Civil Writ Jurisdiction Case No.1490 of 2021
                 ======================================================
                 Dhirendra Kumar son of Sri Brahamdeo Paswan resident of Village-
                 Maniyarchak, Ward No. 05, P.S.- Muffasil, District- Munger

                                                                            ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the Director General of Police, Bihar, Patna
                 namely S.K. Singhal x
           2.    Sri Sanjay Kumar, The Inspector General of Police, Central Range, Patna
           3.    Sri Siddarth Mohan Jain, The Deputy Inspector General of Police, (Admn.),
                 Bihar, Patna
           4.    Sri Pankaj Sinha, The Deputy Inspector General of Police, Munger
           5.    Sri Jagunatharaddi Jalaraddi The Superintendent of Police, Munger
           6.    Sri Hari Prasath S. The Superintendent of Police, Nalanda at Biharsharif
           7.    Smt. Natasha Gudiya The Senior Superintendent of Police, Bhagalpur
           8.    Md. Naimuddin Ansari, The Inspector of Police, Kharagpur Circle, Munger-
                 cum- Enquiry Officer.
           9.    Sri Lalan Kumar Singh, The Assistant Sub Inspector of Police, Basudeopur
                 O.P., Munger-cum Presenting Officer

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Indu Bhushan
                 For the Opposite Party/s :       Mr.Nadim Seraj (Gp5)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   10-03-2026                     Heard the parties.

                                2. The petitioner has prayed for grant of following

                   relief :-

                                              “1. That this contempt petition is
                               directed for initiation of a contempt proceeding to
                               prosecute the opposite parties/contemnors for
                               deliberate negligence and disobedience of the
                               order of this Hon'ble Court passed in C.W.J.C.
            Patna High Court MJC No.2047 of 2021(3) dt.10-03-2026
                                                        2/2




                                 No.1490 of 2021 dated 30.06.2021 passed by the
                                 Hon'ble Mr. Justice Anil Kumar Upadhyay as the
                                 impugned order of dismissal of the petitioner
                                 issued vide Memo No.6793 dated 23.09.2020
                                 (contained in Annexure-14 of the writ petition)
                                 issued by under the signature of Respondent/
                                 Opposite party No.5 has been set aside with a
                                 direction that the matter is remitted back to the
                                 respondents for decision afresh from the stage of
                                 second show cause notice in view of the fact that
                                 petitioner should be provided opportunity to
                                 submit his explanation to second show-cause and
                                 thereafter      decision      may   be   taken   by   the
                                 respondents within a period of three months from
                                 the date of receipt/production of copy of this order.


                                   3. The show cause has come on behalf of Opposite

                      Party annexing the order of the S.P., Munger vide Memo No.425

                      dated 02.02.2022 by which the direction was given to conduct

                      the departmental proceeding strictly in accordance with law.

                                   4. In that background, in the present, no contempt is

                      made out and granting liberty to agitate the matter, the contempt

                      petition stands disposed of.



                                                                           (Rajiv Roy, J)
sanjeev/-

U


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